Recognition of parentage and international public policy in transnational surrogacy
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https://orcid.org/0000-0002-1748-9303
Abstract
Transnational surrogacy poses significant challenges for States in the Americas, particularly regarding the registration and recognition of the parentage of children born abroad. This research was conducted to analyze how States in the Americas balance the principle of sovereignty with the international obligation to recognize the legal identity of children born through surrogacy abroad. A descriptive and analytical documentary review was carried out using the dogmatic-comparative method to examine normative convergences and divergences among different legal systems. The results reveal three models of State response: (1) full recognition, based on the best interests of the child; (2) conditional recognition, which combines domestic standards with international obligations; and (3) a restrictive model, focused on the prevalence of public policy considerations. Most Latin American countries fall within the conditional or restrictive models. Additionally, normative fragmentation was found to generate risks of statelessness and a lack of documentation. Therefore, it is considered necessary to move toward regional guidelines that guarantee the child’s identity without interfering with domestic policy on the legality of surrogacy
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